The Code of Practice on HIV/AIDS and other Life-Threatening ...

5. Critical Policy Issues
<strong>The</strong>re are various critical issues which must be addressed
in dealing with persons living with or perceived to be living
with HIV or any other life threatening illness. <strong>The</strong>se issues
relate to:
5.1. Non-discrimination
<strong>The</strong> employer shall not require employees or
prospective employees to be tested or to produce
evidence <strong>of</strong> testing for HIV or any other life
threatening illness as a requirement for employment
or continued employment.
<strong>The</strong> employer should not include on any application
forms or ask at any interview for initial employment
or promotion any question seeking information
on whether applicants have HIV or any other life
threatening illness.
5.2. Desire to Work
Recognizing the therapeutic importance <strong>of</strong> work in
the remission or recovery process and to prolonging
life, employees living with HIV or any other life
threatening illness who desire to work and or
continue working will be facilitated on a case by case
basis in accordance with the rules and regulations
that govern the public service.
5.3. Ability to Work
Where warranted, the employer shall have reserved
the right to be satisfied, if necessary through a
fitness evaluation, that continued attendance at
work <strong>of</strong> employees living with HIV or any other life
threatening illness will not impair their ability to
perform their duties in a safe and reliable manner,
notwithstanding any expressed desire by such
persons to continue to work.
5.4. Evaluation <strong>of</strong> Fitness to Work
<strong>The</strong> employer may advise the appropriate authority,
if having been informed by an employee that he or
she is living with HIV or any other life threatening
illness, to arrange for a fitness evaluation by a
Government Medical Officer or a Medical Board,
provided always that such an evaluation is
necessitated by problems at the work-place associated
with infrequent attendance or unsatisfactory work
resulting from inappropriate mental, emotional
or physical behaviour caused by HIV or any other
life threatening illness <strong>of</strong> which the employer has
been informed. [It is necessary that the provisions
<strong>of</strong> Section 5.21 <strong>of</strong> the General Orders <strong>of</strong> the Public
Service be adhered to in all requests for evaluation
and reporting].
<strong>The</strong> employer, if initiating discussion on the holding
<strong>of</strong> a fitness evaluation, shall:
– pledge to ensure that the result <strong>of</strong> any medical
evaluation will be confidential and will be discussed
only with the employee involved;
– seek to ensure that the employee understands the
reason for the evaluation, and that such an exercise
is part <strong>of</strong> the employer’s continuing efforts to assist,
support and, where possible, to correct the problem
which has been identified.
5.5. Reasonable Accommodation
<strong>The</strong> employer may, if having been informed by the
employee that he or she is living with HIV or any
other life threatening illness, carry out any work
modifications to allow the employee to perform
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